Background of Section 13(c) Starting in the 1964 Federal Transit Act, Section 13(c) ensures that when federal funds are used to acquire, improve or operate a transit system or commuter rail operation, fair and equitable arrangements must be made to protect the rights of affected employees. Section 13(c) has been included in every federal transit grant act since 1964 and has been the basis for remarkable labor relations stability in the transit industry as technology, structural and service improvements have been implemented. Specifically, the protective agreements required by 13(c) must, at a minimum: (1) preserve the rights and benefits of employees under existing collective bargaining agreements; (2) continue collective bargaining rights; (3) protect individual employees from a worsening of their position with respect to their employment; and (4) provide assurances of employment to employees of acquired transit systems and priority of re-employment and paid training. The Senate Changes The six-year highway-transit bill being considered by the Senate includes provisions that would reduce the protective period for dismissed/displaced employees from 6 to 4 years; would limit the rights of workers to follow their work as a result of a change in provate contractors through competetive bidding; and would create loopholes in 13(c) coverage for certain programs within the federal transit program. |